State of Illinois
90th General Assembly
Legislation

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[ Senate Amendment 001 ]

90_HB1180sam002

                                           LRB9002809LDdvam01
 1                    AMENDMENT TO HOUSE BILL 1180
 2        AMENDMENT NO.     .  Amend House Bill  1180  on  page  1,
 3    line 2, by replacing "Section" with "Sections 3-20.3.01 and";
 4    and
 5    on  page  1,  line  6,  by replacing "Section" with "Sections
 6    3-20.3.01 and"; and
 7    on  page  1,  by  inserting  immediately  after  line  6  the
 8    following:
 9        "(110   ILCS   805/3-20.3.01)   (from   Ch.   122,   par.
10    103-20.3.01)
11        Sec. 3-20.3.01.  Whenever, as  a  result  of  any  lawful
12    order  of  any  agency,  other than a local community college
13    board, having authority to  enforce  any  law  or  regulation
14    designed  for  the  protection, health or safety of community
15    college students,  employees  or  visitors,  or  any  law  or
16    regulation  for the protection and safety of the environment,
17    pursuant to the "Environmental  Protection  Act",  any  local
18    community  college  district, including any district to which
19    Article VII of this Act applies,  is  required  to  alter  or
20    repair  any  physical  facilities,  or  whenever any district
21    determines that it  is  necessary  for  energy  conservation,
22    health  or  safety,  environmental  protection or handicapped
                            -2-            LRB9002809LDdvam01
 1    accessibility purposes that any physical facilities should be
 2    altered or repaired and that such alterations or repairs will
 3    be made with  funds  not  necessary  for  the  completion  of
 4    approved  and  recommended  projects  for fire prevention and
 5    safety,  or  whenever  after  the  effective  date  of   this
 6    amendatory  Act  of 1984 any district, including any district
 7    to which Article VII applies,  provides  for  alterations  or
 8    repairs determined by the local community college board to be
 9    necessary  for  health  and safety, environmental protection,
10    handicapped accessibility or  energy  conservation  purposes,
11    such  district  may,  by proper resolution which specifically
12    identifies the project and which is adopted pursuant  to  the
13    provisions  of  the  Open  Meetings  Act,  levy a tax for the
14    purpose of paying for such alterations or repairs, or  survey
15    by  a  licensed  architect  or  engineer,  upon the equalized
16    assessed value of all the taxable property of the district at
17    a rate not to exceed .05% per year for a period sufficient to
18    finance such  alterations  or  repairs,  upon  the  following
19    conditions:
20        (a)  When  in the judgment of the local community college
21    board of trustees there are not sufficient funds available in
22    the operations  and  maintenance  fund  of  the  district  to
23    permanently  pay  for such alterations or repairs so ordered,
24    determined as necessary.
25        (b)  When a certified estimate of a licensed architect or
26    engineer stating  the  estimated  amount  of  not  less  than
27    $25,000  that is necessary to make the alterations or repairs
28    so ordered or determined as necessary has been secured by the
29    local  community  college  district  and  the   project   and
30    estimated amount have been approved by the Executive Director
31    of the State Board.
32        The  filing  of  a  certified  copy  of the resolution or
33    ordinance levying the tax when accompanied by the certificate
34    of approval of the Executive  Director  of  the  State  Board
                            -3-            LRB9002809LDdvam01
 1    shall  be  the  authority  of  the  county clerk or clerks to
 2    extend such tax; provided, however, that in  no  event  shall
 3    the  extension  for  the current and preceding years, if any,
 4    under this Section be greater than the  amount  so  approved,
 5    and  interest on bonds issued pursuant to this Section and in
 6    the event such current  extension  and  preceding  extensions
 7    exceed  such  approval  and  interest,  it  shall  be reduced
 8    proportionately.
 9        The county clerk of each of the  counties  in  which  any
10    community  college district levying a tax under the authority
11    of this Section is located, in reducing raised levies,  shall
12    not  consider  any such tax as a part of the general levy for
13    community college purposes and shall not include the same  in
14    the  limitation  of any other tax rate which may be extended.
15    Such tax shall be levied and collected in like manner as  all
16    other taxes of community college districts.
17        The  tax rate limit hereinabove specified in this Section
18    may be increased to .10% upon the approval of  a  proposition
19    to  effect such increase by a majority of the electors voting
20    on that proposition at a regular  scheduled  election.   Such
21    proposition  may  be  initiated  by  resolution  of the local
22    community  college  board  and  shall  be  certified  by  the
23    secretary of the local community college board to the  proper
24    election  authorities  for  submission in accordance with the
25    general election law.
26        Each local community college district authorized to  levy
27    any  tax  pursuant  to  this  Section  may  also  or  in  the
28    alternative  by  proper  resolution or ordinance borrow money
29    for such specifically identified purposes not  in  excess  of
30    $4,500,000  $1,500,000  in the aggregate at any one time when
31    in the judgment of  the  local  community  college  board  of
32    trustees  there  are  not  sufficient  funds available in the
33    operations  and  maintenance  fund   of   the   district   to
34    permanently pay for such alterations or repairs so ordered or
                            -4-            LRB9002809LDdvam01
 1    determined  as  necessary  and  a  certified  estimate  of  a
 2    licensed  architect  or engineer stating the estimated amount
 3    of not less than  $25,000  has  been  secured  by  the  local
 4    community  college district and the project and the estimated
 5    amount have been approved by the State Board, and as evidence
 6    of such indebtedness  may  issue  bonds  without  referendum.
 7    Such  bonds shall bear interest at a rate or rates authorized
 8    by "An Act to authorize public corporations to  issue  bonds,
 9    other evidences of indebtedness and tax anticipation warrants
10    subject  to  interest  rate  limitations  set forth therein",
11    approved May 26, 1970, as now  or  hereafter  amended,  shall
12    mature  within 20 years from date, and shall be signed by the
13    chairman, secretary and  treasurer  of  the  local  community
14    college board.
15        In  order  to  authorize  and  issue such bonds the local
16    community college board shall adopt a resolution  fixing  the
17    amount of bonds, the date thereof, the maturities thereof and
18    rates  of interest thereof, and the board by such resolution,
19    or in a district  to  which  Article  VII  applies  the  city
20    council  upon  demand and under the direction of the board by
21    ordinance, shall provide for the levy  and  collection  of  a
22    direct  annual tax upon all the taxable property in the local
23    community college district sufficient to  pay  the  principal
24    and  interest  on such bonds to maturity.  Upon the filing in
25    the office of the county clerk of each  of  the  counties  in
26    which   the  community  college  district  is  located  of  a
27    certified copy of such resolution or ordinance it is the duty
28    of the county clerk or clerks  to  extend  the  tax  therefor
29    without  limit as to rate or amount and in addition to and in
30    excess of all other taxes heretofore or hereafter  authorized
31    to be levied by such community college district.
32        The State Board shall prepare and enforce regulations and
33    specifications for minimum requirements for the construction,
34    remodeling  or  rehabilitation  of  heating, ventilating, air
                            -5-            LRB9002809LDdvam01
 1    conditioning,  lighting,  seating,  water   supply,   toilet,
 2    handicapped  accessibility,  fire safety and any other matter
 3    that will conserve, preserve or provide  for  the  protection
 4    and  the  health  or safety of individuals in or on community
 5    college property and  will  conserve  the  integrity  of  the
 6    physical facilities of the district.
 7        This  Section  is  cumulative  and  constitutes  complete
 8    authority  for  the  issuance  of  bonds  as provided in this
 9    Section notwithstanding any  other  statute  or  law  to  the
10    contrary.
11    (Source: P.A. 85-1335.)".

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